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High Court of DelhiW.P.(C)/6727/2018

Delhi Metro Rail Corporation Ltd. v. General Secretary (Staff Council) & ORS

2019-01-28Hon'Ble Ms. Justice Rekha Palli2 pages

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6727/2018 & C.M. No.25507/2018 (for stay) DELHI METRO RAIL CORPORATION LTD.

..... Petitioner Through:

Mr.Sandeep Sethi, Sr. Adv. with Mr.Kunal Sharma & Mr.Shubhendu Bhattacharya, Advs.

versus GENERAL SECRETARY (STAFF COUNCIL) & ORS ..... Respondents Through:

Mr.Rajeev Mishra & Mr.Sanand Ramakrishnan, Advs. for R-1, 2, 4 & 6 to 8.

R-3, 5 & 9 in person.

Mr.K. Prabhakara Rao, Adv. for R-10.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 28.01.2019 1.

Vide present writ petition the petitioner/Delhi Metro Rail Corporation Ltd. assails notices dated 14.06.2018 and 18.06.2018 issued by the respondent no.10/Delhi Metro Rail Corporation Employees Union as also notices dated 20.06.2018 issued by the Delhi Metro Rail Corporation Staff Council, members whereof have been impleaded as respondent nos.1 to 9. It may be noted that as per the aforesaid notices, the respondents had threatened to go on strike w.e.f. 30.06.2018. The petitioner also seeks a direction restraining the

respondents from resorting to an illegal strike in contravention of the provisions of the Industrial Disputes Act.

2.

Vide order dated 29.06.2018, this Court while issuing notice in the petition had restrained the respondents from going on strike on 30.06.2018 or till further orders in the matter. 3.

Today, the respondent nos.3, 5 and 9 appear in person, while the respondent nos.1, 2, 4, 6 to 8 and 10 are represented by their respective counsel. They all state in unison that the aforesaid notices issued by them may be treated as withdrawn. They further assure the Court that they will not resort to any strike or threaten to go on strike any strike without following the procedure as prescribed under the provisions of the Industrial Disputes Act. The respondents will remain bound by their aforesaid statement.

4.

In view of the specific statement by the respondents to withdraw the impugned notices and the further assurance given by them not to resort to any strike in contravention of the provisions of the Industrial Disputes Act, learned senior counsel for the petitioner does not press the present petition any further. The same is accordingly disposed of as infructuous along with the pending application.

REKHA PALLI, J JANUARY 28, 2019 gm